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Some administrative and constitutional principles from the nuclear energy case

The Cape High Court decision in April 2017 setting aside the Minister of Energy’s decision determining the requirements for procurement of nuclear generation capacity and tabling of the related Russian intergovernmental agreement (IGA) in parliament usefully reminds us of a few important principles of constitutional and administrative law: Whilst the courts will not usually interfere … Continue reading

Last chance to come clean

The Special Voluntary Disclosure Programme (SVDP) running until 31 August offers South African residents the opportunity to regularise their tax defaults and exchange control defaults. There have been a number of similar opportunities to regularise tax and exchange control affairs in the past. We have seen two previous special amnesty opportunities in 2003 and 2010 … Continue reading

Facebook page costs woman future loss claim (UK)

A 37 year old woman from Nottingham has lost a claim for future pain and suffering following failure by a hospital to notify her of a positive result of a sexually transmitted infection with the result that the infection was left untreated for a year. The woman who suffered from a pre-existing somatic symptom disorder … Continue reading

Top blogs you may have missed – April 2017

In case you missed it, here’s our pick of ten of the most interesting articles from around the Norton Rose Fulbright global blog network. In insurance news, changes in the insurance and medical schemes acts, to accommodate the demarcation regulations, have been made. Here is some insight into the operation and interpretation of a retroactive … Continue reading

Climate change impacts to be assessed as part of the environmental authorisation process

Project developers and financiers should scrutinise existing projects that are in pre-environmental authorisation stage, and all future projects, to determine what issues need to be assessed prior to applying for authorisation. The 8 march 2017 judgment in Earthlife Africa Johannesburg v The Minister of Environmental Affairs and others is South Africa’s first judgment relating to climate … Continue reading

Passing of risk in sale (express term)

The plaintiffs sued the defendant for the purchase price of a buffalo which died during an operation to test it for diseases as part of the sale. It was found that a sale agreement had been concluded in which the defendant expressly agreed to assume the risk of death or injury to the buffalo arising … Continue reading

The once-and-for-all rule for delictual damages

A person who claims for damages sustained as a result of injuries negligently caused by someone else has a single, indivisible cause of action and must sue for all damages in one claim. This proposition was reasserted in the context of a prescription allegation regarding a Road Accident Fund Act claim. The RAF Act only … Continue reading

Top blogs you may have missed – March 2017

In case you missed it, here’s our pick of ten of the most interesting articles from around the Norton Rose Fulbright global blog network. Did you know that deregistered corporations come back to life retrospectively on reinstatement? Read what our Australian colleagues have to say about crowdfunding litigation and its potential impact on class actions. … Continue reading

Deregistered corporation comes back to life retrospectively on reinstatement

A corporation which is deregistered under the Companies Act 2008 is automatically and retrospectively re-vested with its rights when it is reinstated (under section 82(4)). In ZNK Investments CC v Luckytso Transport and Construction CC, a sale in execution of a deregistered close corporation had taken place whilst it was deregistered. It was held that the … Continue reading

Review of pension fund trustee decisions

The role of a board of trustees is inextricably linked to the exercise of discretion. The ability to review a decision is rarely considered by a board until a situation arises where a decision they have passed is challenged. The objects and duties of a trustee of a pension fund are contained in sections 7C … Continue reading

Interdicting future publication of defamation

If an interdict is sought preventing the future publication of alleged defamatory matter, the facts upon which the allegation is based must be clear and it must be clear that the defendant has no defence. If the defendant sets up evidence of a defence such as truth and public interest or fair comment, the interdict … Continue reading

Top blogs you may have missed – February 2017

In case you missed it, here’s our pick of ten of the most interesting articles from around the Norton Rose Fulbright global blog network. Our tax team analysed the 2017 budget. Check out our insight into the corporate tax proposals. Here is just one of the updates on the UK government’s Brexit white paper. Follow … Continue reading

Information Regulator – more than a POPI regulator

In her latest briefing session on 13 February 2017, advocate Pansy Tlakula, Chairperson of the Information Regulator, elaborated on the work that the office of the Information Regulator will be focused on and the progress they have made thus far, namely: Commencement date The Department of Justice informed the members of the Information Regulator that … Continue reading

Medicines Control Council, not the courts, must classify medicines and medical devices

In December 2016 the Pretoria High Court ruled that one cannot avoid regulatory oversight by the Medicines Control Council (MCC) by declaring that a health-related product is a medical device and not a medicine. That is a determination which the MCC must make. In Omegalabs (Pty) Ltd v The Medicines Control Council and Others, the … Continue reading

Top blogs you may have missed – January 2017

In case you missed it, here’s our pick of ten of the most interesting articles from around the Norton Rose Fulbright global blog network. Will South Africa get reciprocal reinsurance arrangements? This insightful analysis raised the question: can the past be erased? on social media. Read these tips on how to protect your business from … Continue reading

Setting aside CCMA decision for unreasonableness

The Constitutional Court has reaffirmed that a decision reached by a commissioner in the CCMA can be set aside if it is one that a reasonable decision-maker could not reach. Applying this test gives effect not only to the constitutional right to fair labour practices, but also to the right to administrative action which is … Continue reading

Public participation in the legislative process

A law will be set aside if the lawmaker (Parliament or the National Council of Provinces) fails to satisfy its obligation to facilitate public involvement in the process of making law. In Land Access Movement of South Africa v Chairperson of the National Council of Provinces, Parliament passed a law amending the restitution of land … Continue reading
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